Legal Studies Forum
Volume 29, Number 2 (2005)
reprinted by permission Legal Studies Forum
CRIMES GONE BY
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Collected Essays of Albert Borowitz
1966-2005
THE FATAL CHARM OF TAMZEN PARSONS *
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When John Hughes woke up sometime before noon,
a young woman was bending over him, loosening his cravat.
"Who are you?" he asked.
"Tamzen Parsons."
"Where am I?"
"In my father's house," the sixteen-year old
Tamzen told him, and ventured a question of her own, "Doctor, why do you
drink so much?"
The man at whom Tamzen gazed with evident
interest was about five feet eleven inches tall, and his appearance is
rapturously described by a contemporary pamphleteer: "He was the mold of
form, and presented a physique which, in point of proportion and development,
must needs command the admiration not only of underlings and invalids,
but of those possessed of figures which hint the Apollo. The head was large
and fully developed, especially at the base. As inclination to baldness
gave him an older appearance than was warranted by fact, but the hair he
had was of a brown color and glossy, and dressed in the 'French twist mode.'
He wore a becoming moustache and imperial."
John Hughes's eyes, however, could make him
appear "venomous" to those less susceptible than Tamzen, and small wonder
when one reads this contemporary description: "the right eye looked larger
than the other, owing to the fact that it was once knocked so far out that
it hung upon the cheek."
Shaking free of his stupor, Hughes embarked
on a long tale of his domestic miseries, and the girl seemed sympathetic.
In fact, the doctor later recalled, at the end of his recital she had laid
her head on his bosom and declared: "I wish to God I were your wife." Perhaps
he exaggerated the speed of his conquest or the initiative taken by the
inexperienced girl.
There was no doubt, however, that in Tamzen
Parsons Doctor Hughes, a restless wanderer across two continents, had finally
found an attraction that promised to hold him fast - one that was to take
both young Tamzen and Hughes to the grave; she would die by his hand eight
months hence, and he on the gallows a scant half year later.
John William Hughes was born in 1833 on the
Isle of Man. His father, who owned a large hereditary estate on the island,
died when John was four, and the little boy soon found himself the center
of a fierce legal battle between his mother and his guardian uncle for
control of family property.
The victorious uncle sent John off to boarding
school at age seven, and three years later moved him to the fashionable
Glenview Academy.
[615]
In his early teens, after several attempts
to run away from his uncle's harsh regime, Hughes shipped on a merchantman
bound for Calcutta, but the ship sprang a leak ten days out and was forced
to return to port. The would-be sailor crept stealthily back to his mother,
who nursed him when a bout of rheumatic fever made it impossible to return
to the ship. When Hughes recovered, his uncle took him to his own house
in Ramsey, on the Isle of Man, but could not hold him under tight rein.
Finally, the guardian recognized the youth's freedom by giving him an independent
suite of rooms "furnished in princely style." John now had "his first taste
of fashionable life . . . [he] kept a pony, had an unlimited supply of
money, the income of half his estate, drank champagne, smoked cigars, indulged
in wine and women, and every tradesman in Ramsey respected his frequent
orders."
Alarmed at the young man's high living, his
uncle urged him to prepare for a career in law, divinity or medicine. The
stubborn nephew would not be dictated to in the choice of a profession
and, despite his illstarred romance with the sea, elected to study navigation
under the tutelage of a mathematician well known on the Isle of Man. Soon,
though, his interest in lessons flagged and he entered King William's College
with the intention of preparing for the ministry. Before he could finish
his training in theology, the operations of the college were shut down
by an onslaught of cholera. Hughes, footloose once again, went back to
Ramsey to resume his fast life. When the old quarrels with his guardian
revived, John ran away to Liverpool and, at age twenty-seven, enlisted
in the British Army. He was sent to the Crimea and, at the battle of Balaklava,
was severely wounded in the left leg.
After he was mustered out of service, Hughes
proved to be no luckier in love than in war. His "beautiful and accomplished"
fiancee from the western part of the Isle of Man broke their engagement
and he promptly sought downstairs revenge; he married the "Belle of Ramsey,"
a fisherman's daughter who was a servant in his house. Marriage briefly
inspired a zeal for agriculture, and aided by his brother-in-law, he revolutionized
the farm economy of his estate, increasing the livestock fourfold and employing
modern equipment and a large force of laborers.
This new passion turned out to be as inconstant
as those it had replaced, for John suddenly enrolled in the Royal College
of Surgeons in Edinburgh, from which he graduated in 1857. His diploma,
however, did not transform him instantly into a servant of the sick. Returning
to the Isle of Man, he threw himself into new extravagances, which he financed
by selling off his estate, a step he always bitterly regretted. A period
of restless wandering followed.
In 1860 he came to America and travelled through
Canada and the West with a young English nobleman. When they parted at
Detroit,
[616]
Hughes came to Cleveland to visit some Manx friends. He visited again
without his family in the spring of 1861 and during this stay opened an
office in Warrensville, where he drilled recruits for the Civil War.
In 1863 Hughes brought his wife and child
to Cleveland, installing himself in a medical office on Public Square.
By May, wanderlust had bitten him again, and leaving his family behind
in Warrensville, he was off to Buffalo to join the Navy. However, before
long he was a landlubber again and practicing medicine in Chicago. At last
the urgings of his wife and family prevailed, and he returned to Warrensville,
practicing his profession there and in Bedford until March 1864.
It was in Bedford that Hughes made the acquaintance
of Thomas Parsons, through the latter's English cousin, Henry Parsons,
but he did not at this time meet Thomas's daughter Tamzen. Before that
fateful event Hughes was to answer one more siren song - the call of war.
In March 1864 he enlisted in the 58th Regiment
of the Ohio Volunteer Infantry and was promoted to sergeant at Columbus
on April 26. In June, after passing an examination, he was discharged from
the 58th Regiment and was appointed Assistant Surgeon to the United States
Colored Infantry. In the summer of 1864, President Lincoln authorized Surgeon
Hughes to organize and administer the Marine Hospital at Vicksburg as a
general hospital for black troops.
This chapter in his career was characteristically
short; in November he resigned and returned to Cleveland, having heard
that his son Bisset was ill. He nursed his son for a week until the boy
was out of danger and then left, vowing never to return.
Hughes told Tamzen Parsons when he saw her
sweet face for the first time the following month, that the home to which
he had come back was not a pretty sight, that his wife was drunk and the
household in disarray. Tamzen believed the doctor, particularly when he
showed her what purported to be a decree of divorce. She eloped with Hughes
to Pittsburgh on December 19 and they were married there on the following
day.
The Parsons family dispatched Tamzen's brother-in-law,
Joseph B. Haynes, in hot pursuit. He proceeded to the Pittsburgh mayor's
office and, assisted by several policemen, located Tamzen in a room at
the St. Clair Hotel, where she showed him her marriage license. The doctor
was soon arrested in the hotel office and jailed on charges of bigamy and
forgery. When brought before the mayor, Hughes delivered what had now become
a well-rehearsed speech, declaring how he would never again live with his
wife whom he had found "beastly drunk" on a number of occasions. According
to Haynes, Hughes tried to buy off the criminal charges by proposing to
enlist in the army as a substitute and to give his bounty payment (Civil
War draftees could pay another to take
[617]
their place) to Tamzen. He also threatened that a continuation of the
prosecution "would lead to unpleasant disclosures."
Convicted of bigamy, Hughes was sentenced
to one year's imprisonment in the Pennsylvania penitentiary, but after
five months the unceasing petitions of his wife secured a pardon from the
governor. In June 1865 Hughes, back in Cleveland, opened a new office on
Ontario Street, and under ambiguous circumstances his wife and child left
for the Isle of Man. The doctor asserted that he had not sent his wife
away and that she planned to return soon; a bystander observed Hughes parting
affectionately with his wife at Union Station.
It appears, however, that, while in jail in
Pittsburgh, Hughes had written to his agent in the Isle of Man to arrange
passage for his wife. Imprisoned as he was, he might have been acting in
his wife's best interest, rather than clearing the way for renewed pursuit
of Tamzen Parson on his release. In fact, if the doctor is to be believed,
he gave no thought to the Bedford charmer until one day when Charlotte
Parsons of Warrensville, Tamzen's aunt, called at his medical office and
told him that Tamzen was suffering from love and desire to see him.
From this point on Doctor Hughes, whose life
had been marked by restlessness, lack of commitment and shifting interests,
became the creature of obsession. On the night of July 24, he arrived unannounced
at Tamzen's house and urged her to come away with him. A neighbor heard
Tamzen decline, saying that Hughes had deceived her once and would not
succeed at the same trick twice. When her father returned home to find
him still on the premises, he ejected the hated intruder with difficulty,
and on the following Saturday swore out a warrant against Hughes for breaking
and entering.
Chagrined by this second hostile confrontation
with the males of the Parsons family, Hughes scattered wild threats around
the suburbs. On July 25, he asked Dr. Ben Wray of Warrensville whether
he had a pistol. When Wray asked what use he had for a gun, Hughes said
of Tamzen: "If that damned bitch doesn't stop calling herself Mrs. Hughes,
I'll shoot her."
The next morning, while breakfasting at the
Plank Road House in Warrensville, where he had spent the night, Hughes
was given by Almeda Eddy what she thought would be surprising news; someone
had fired at Tamzen and the bullet had passed through the girl's parasol.
Hughes replied that, "It was a pity that it had not blown her brains out,
and saved him the trouble some time." He drove on to Bedford, uttering
still a third threat to Dr. Vial Salisbury that "he must hunt up Tamzen
and kill her if she would not live with him."
Hughes was infuriated when he was arrested
for housebreaking on the complaint made by Tamzen's father, and the protracted
negotiations
[618]
of his friend Henry Parsons to have the charges dropped enraged him
further. Although this emissary was ultimately successful, the price was
high; Hughes had to agree not to continue his harassment of Tamzen.
It was a bargain that the obsessed doctor
was incapable of keeping for long. Between eight and nine o'clock on the
evening of August 8, 1865, Hughes and his friend Oscar Russell, who kept
the Ontario Street Saloon, hailed a carriage on Bank Street (now West Sixth
Street). They asked the driver Ori Carr, whom they knew by his nickname
"Bug," the fare to Bedford. Satisfied with his quote of $10, they ordered
him to pick them up at the doctor's office. There the two friends entered
the carriage and instructed Bug to drive to several houses where they unsuccessfully
attempted to pick up women to accompany them for an overnight trip to the
suburbs. The carriage moved on to Newburgh, Hughes giving Bug directions
while drinking from a flask. Stopping at the Cataract House in Newburgh,
Hughes and Russell had a beer and engaged rooms for the night, arranging
to return later. Back they piled into the carriage, Hughes ordering Bug
to push on to Bedford as Russell promptly fell asleep. At Bedford they
pulled up at the Franklin House where, changing their earlier plans, they
decided to spend the night; they asked to be called at seven in the morning.
When they were wakened Hughes and Russell
returned to their drinking, both before and after breakfast, and then reentered
their carriage. Initially Hughes told Bug to drive onto the Cleveland road
but stopped him almost immediately and ordered him to turn to Bedford.
Stopping at Tamzen's street, Hughes asked a boy from the Krums' house across
the way to find out whether she was home; the little messenger quickly
returned with the word that the girl and her mother had gone to pick blackberries.
Soon Tamzen's father came out of the house where, despite his recent trespass,
Hughes was permitted to remain for about a half hour. The doctor then returned
to the carriage which drove on towards the Plank Road House. On the way
they came upon Tamzen and Mrs. Parsons walking along the road with berry
pails in their hands. Hughes called to Tamzen, but Mrs. Parsons motioned
him away. He got out of the carriage and succeeded in talking to Tamzen
for only a few minutes before a neighbor stopped his wagon to drive the
women home.
Hughes, frustrated, ordered Bug Carr to continue
his drive to the Plank Road House and, arriving there, he and Russell resumed
their drinking at a grocery across the street. When he was back in the
carriage, Hughes was undecided on his route. He spoke first of going to
Rocky River by way of the Twelve Mile Lock where he had a debt to collect.
But the image of Tamzen's face rose up again, blinding him to any other
purpose. The carriage rolled back to the Parsons' street where Hughes
[619]
learned that the family had gone to Bedford Village to have him arrested.
The stage for the final encounter was set.
Hughes told Bug to drive as fast as he could for Bedford. In the village
he saw Tamzen leaving the house of his old antagonist Joseph Haynes (whom
rumor suggested she had intended to marry) and walking towards the home
of William Christian. Chasing her up Columbus Street, he called for her
to stop. She cried out her refusal and rushed through the gate opened by
the Christians' son Matthew, but it was too late. Before she could reach
the front door, Hughes caught hold of her and fired at close range. The
bullet glanced off her head, and she screamed. Hughes fired again, and
she dropped dead.
Meanwhile, Oscar Russell had been drinking
solo in the barroom of the Fountain House. When he emerged, the was startled
to see Hughes dashing around the corner, keeping a pursuing crowd at bay
with his revolver. The doctor joined Russell at the carriage, ordered him
to get in, and, pointing the gun at Bug Carr, told him to drive off. When
they reached the woods, Hughes got out, asked Russell for some money, and
made off in the direction of the railroad tracks. He was closely followed,
however, and was soon discovered, "in a little ditch, covered by an oak
bush just large enough for a man to hide under." To his captors, he said:
"Gentlemen, you can do what you please with me - hang me up to the first
pole if you choose. I came out here with that intention, and I've done
it."
While in jail awaiting trial at the November
session of the Cuyahoga County Common Pleas Court, Hughes did not spend
his time "in pitiful brooding upon his fate and unavailing pinings over
his lot." Instead, he turned to poetry, penning a fulsome tribute to his
adopted city:
Whose public buildings, churches,
schools are classed
Equal in architecture unsurpassed
By any place in homes for pretty lots -
Palatial mansions grand, with cozy
cots -
In shaded streets from Kinsman to St. Clair -
Ohio City - Wilson to the Square,
The avenue, the suburbs round to Bank,
We find abodes suited to each rank;
While style and fashion, etiquette, bon
ton
Are set to Euclid's rules. They can't
be wrong!
Ability and talent, beauty, where
[620]
To Cleveland's sons and daughters can
compare?
Associations learn'd, unceasing lend
Instructive aid to literature to bend
Its youth to purity of mind and heart
And will, from which they never
should depart.
Every city, of course, has its drawbacks, and
Hughes bemoaned the "gilded signs, the blazing lamps" of Cleveland's taverns
that lured the honest working man to his ruin. Yet the doctor could not
bring himself to condemn strong spirits as an evil in themselves; he was
not about to wield the prohibitionist's axe. No, he declared, it was not
so much liquor that had undone him but the propensity of the bartenders
to adulterate their drinks. Despite his worrisome prospects, the doctor
could not help sighing over the golden days of the past when
The old folks' ale was made from malt and hops,
Their rum was the essence of the sugar crops.
At trial the defense, with no hope of denying
the killing, contended that Dr. Hughes did not act out of free will; he
was blinded by temporary insanity arising from his frustrated passion for
Tamzen Parsons, and by an alcoholic haze due to heavy drinking immediately
before the crime. Defense council called several witnesses to testify to
Hughes's frequent intoxication and his wild conduct when drunk. Perhaps
the strongest testimony to this effect came from J.D. Keegan, a druggist
who had known Hughes since the spring of 1862. He told the jury that liquor
made the doctor "very reckless, and he seemed to have no regard for his
character and to be indifferent as to what he might do while in that condition.
When drunk he seemed utterly demented and senseless."
Oscar Russell, who had accompanied Hughes
in the carouses that ended with the killing, swore that Hughes and he had
downed the gargantuan total of twenty-five ales at the grocery opposite
the Plank Road House. However, before he left the stand, he provided a
key piece of evidence in support of the prosecution's claim of premeditation.
Russell had praised as "a nice shooter" a pistol he had seen in the doctor's
office before they set out on their wild ride into the country, and the
defendant had replied: "Yes, I'll put it in my pocket."
The defense also attempted to show that Hughes
suffered from a hereditary predisposition to violent insanity. Dr. Cubban,
a Manxman, swore that the Hughes' grandmother Jane Kenwitch committed suicide
about a year after her husband's death, having suffered five or six fits
before actually taking her life. Other members of the grandmother's family
were insane and one or two had also committed suicide.
[621]
In their final arguments, Hughes's counsel
also invoked the madness of love. In lawyer L.E. Knight's words, Hughes
was "subject to a wild infatuation in affairs of love, but he is not the
first or only one who has become the deluded victim of infatuation." Other
unfortunate men who sprang to Knight's imaginative mind were Paris of ancient
Troy, Marc Antony, Henry VIII, and Peter the Hermit whose zeal ignited
the Crusades.
Judge Coffinberry gave the jury painstaking
instructions on the legal relationship of insanity, intoxication, and criminal
responsibility. When the mind had become diseased by a habit of intemperance
and thereby lost the power to distinguish between right and wrong or to
comprehend the nature of the criminal act, a defendant was no more subject
to punishment than if his insanity had been due to natural causes. If,
however, a crime was committed in a frenzy by a drunken man who was not
insane when sober, the drunkenness and temporary insanity it might have
induced were not a complete defense to the crime.
These general rules, however, were insufficient
to provide a full elucidation of all the issues that the jury might be
called on to resolve. Even though intoxication was not an absolute defense
to murder, the jury might consider whether Hughes was so drunk at the time
of the shooting as to be incapable of any of the mental elements of murder
- premeditation, deliberation, intent to kill. Then, if the jury had addressed
all these legal considerations, it must resolve a final question: had the
defendant formed a purpose to kill Tamzen Parsons while sane or sober,
and then "got drunk to brace his nerves and harden his mind for the act
of killing?" If so, regardless of his state of mind at the moment of the
shooting, Hughes's intoxication neither excused nor mitigated the crime
of murder in the first degree.
The jury returned a verdict of guilty of first-degree
murder. Hughes gave no sign of emotion, and his composure did not abandon
him when he read a long statement before sentencing on December 30, 1865.
Although placing heavy blame on the "vice" of drinking that had been his
downfall, he accepted the death penalty. His main purpose was to deny the
prosecution's charges that he had premeditated Tamzen's death and had relentlessly
pursued a heart that was closed to him after the revelation of his bigamy.
When he was released from prison and his wife
left for the Isle of Man, he told the court, he had no thought of Tamzen
Parsons until he had received a letter from her "reproaching [him] for
[his] neglect of her, and asking [him] to see her, since there was no obstacle
in the way." Her family had interfered with the renewal of their ties,
and when Hughes thought she was playing him false with another man, he
did not know
[622]
what "dreadful determination" might have entered his mind. His worst
fault, he claimed, was that he loved Tamzen too well.
Hughes was condemned to die on February 10,
1866. The gallows, which had last been used to hang James Parks eleven
years earlier for the 1853 murder of William Beatson at Cuyahoga Falls,
was "brought from its long retirement amid county lumber in Akron," and
was erected in the northeast corridor of the Cuyahoga County jail. When
the trap fell on schedule, John Hughes became only the second Cleveland
murderer to be hanged since the founding of the city, and his life of fitful
stops and starts came to a final halt.
[623]
* This article was published previously in 17 (2) Western
Reserve Magazine 35-42 (1989) |